Darrel W. Martin, March 25, 1998

!-L\RUY MYERS
Darrel W. Martin
P.O. Box 17821
Salem, OR 97305
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DEPARTMENT OF JUSTICE
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March 25, 1998
Re: Public Records Disclosure Order:
Department of Corrections, Department of Revenue and
Department of Human Resources Records
Dear Mr. Martin:
DAVID SCHC:Vli\N
Ul:J'UTY t\TfOl('Jl-Y ( ;F\;l.'.R1\ I,
This letter is the Attorney General's order on your petition for disclosure under the
Oregon Public Records Law, ORS 192.410 to 192.505. The petition, which we received on
March 18, 1998, asks the Attorney General to direct the Oregon Department of Corrections
(DOC), the Oregon Department of Revenue (Revenue), and the Oregon Department of
Human Resources (DHR) to provide you certain records relating to a hiring process
conducted to fill a vacant position as a Purchaser 2 at each of the three agencies.
Specifically, your petition seeks "copies of the successful persons answers to the assessment
section of the announcement" and their stated work experience. For the reasons stated
below, we respectfully deny your petition.
The Public Records Law confers a right to inspect any public records of a public
body in Oregon, subject to certain exemptions and limitations. See ORS 192.420. Any
person who makes a request to a state agency to inspect a public record, and whose request
is denied, may petition the Attorney General to review the record to determine if it may be
withheld from public inspection. ORS 192.450(1).
1. Department of Corrections
You state in your petition that Susan Smith of the Department of Corrections denied
your request for records. We have discussed your petition with both Ms. Smith, Executive
Darrel W. Martin
March 25, 1998
Page 2
Support Specialist with DOC Fiscal Services, and Rhonda Crawford, Recruitment Officer for
DOC. Both Ms. Smith and Ms. Crawford inform us that they are not aware of DOC's
having received any request from you for records. 11 Because you did not make a request to
DOC to inspect any of the items described above, there has been no denial by DOC of
disclosure of those records. Absent a request to, and denial by, a state agency for records,
the Attorney General does not have jurisdiction to order the agency to disclose records. See
ORS 192.450(1). Accordingly, we your petition as premature with respect to DOC records.
2. Department of Revenue Records
You do not indicate in your petition who at the Department of Revenue denied your
request for records. Terri Sullens, Recruitment Coordinator, Administrative Services
Division, Personnel Section, informs us that she is not aware of Revenue's having received
any request from you for records.21 Again, absent a request to, and denial by, a state
agency for records, the Attorney General does not have jurisdiction to order the agency to
disclose records. See ORS 192.450(1). Accordingly, we deny your petition as premature
with respect to Revenue records.
3. Department of Human Resources
By letter dated January 23, 1998, you asked the Department of Human Resources for
the following "information":
1. The name of the person [selected for the Purchaser 2 position].
2. Has the successful person had experience in purchasing at the level of
those that work for the Department of Administrative Services
Purchasing Division? If so, how many?
3. Would you please tell me the persons background in the field of
purchasing, including the private sector.
11 Ms. Crawford informs us that the records you are seeking may not be in DOC's possession.
The Department of Administrative Services, Human Resources Services Division (DAS), was
responsible for receiving and reviewing the assessment section submitted by applicants interested in
the vacant Purchaser 2 position at DOC. Therefore, DAS may possess some of the records you are
seeking.
21 Like DOC, Ms. Sullens informs us that the records you are seeking may be maintained by the
Department of Administrative Services, Human Resources Division.
Darrel W. Martin
March 25, 1998
Page 3
4. Please tell me what my weak points were in contrast to the person you
selected.
Wendy Woodard, Manager, Contract and Procurements Units at DHR, responded by
letter dated February 2, 1998. Ms. Woodard provided you information in response to
item #1 but did not release information in response to the other three items.
The Public Records Law applies to requests for "public records." Public records
include any "writing" containing information relating to the conduct of the public's business.
ORS 192.410(4). The Public Records Law does not impose upon public bodies the duty to
create public records. OREGON ATTORNEY GENERAL'S PUBLIC RECORDS AND MEETING
MANUAL at 5 (1997). Nor are public bodies required to create a record to disclose the
"reasoning" behind their actions, or other "knowledge" their staff might have. Id.
Items #2 and #4 of your letter to DHR do not seek information contained in existing
public records, but ask DHR to compare the successful candidate's purchasing experience
with persons currently employed by the Department of Administrative Services Division and
to identify your weak points in contrast to the successful candidate. Such requests are
beyond the scope of the Public Records Law; the Attorney General has no authority to order
an agency to provide such information. 31
As to item #3, information on the successful candidate's background in the field of
purchasing would be contained in the application (PD 100) submitted by that individual,
which is a record maintained by DHR. Ms. Woodard informs us that DHR has agreed to
provide you with a copy of the successful candidate's application.41 Because DHR has
agreed to provide this record to you, we deny your petition with respect to this item as moot.
Finally, in your petition to this office you seek copies of the successful candidate's
answers to the assessment section of the announcement. You did not make this request to
DHR Because you did not request and DHR has not denied your request for the successful
candidate's answers to the assessment section, the Attorney General has no jurisdiction to
31 Nevertheless, Ms. Woodard informs us that DHR is willing to discuss your specific weak points
with you. You may contact Ms. Woodard (telephone 945-6735) to make arrangements for that.
41 Prior to disclosing this record to you, DHR may redact exempt information, such as the
individual's home address and telephone number, ORS 192.502(3), or other personal information,
ORS 192.502(2).
Darrel W. Martin
March 25, 1998
Page 4
order the agency to disclose such records. Accordingly, we deny your petition as to such
records as premature.
Sincerely,
Deputy Attorney General
JAA02A64
cc: Rhonda Crawford, Department of Corrections
Terri Sullens, Department of Revenue
Wendy Woodard, Department of Human Resources
Linda Roberts, Department of Human Resources

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!-L\RUY MYERS
Darrel W. Martin
P.O. Box 17821
Salem, OR 97305
@ ' '
'
' .
DEPARTMENT OF JUSTICE
llh2 Cl1urt Strcf't _\;F
J11~trll' B11ilding
:-',dt•rn, Orq.;\ln ll7:ll il-(l~l1h
lL·h'f'h1mc: r::;(n) .1;-"S--l--l\l1l
!"D[): (_::;1nJ l;-S-1Y_1S
March 25, 1998
Re: Public Records Disclosure Order:
Department of Corrections, Department of Revenue and
Department of Human Resources Records
Dear Mr. Martin:
DAVID SCHC:Vli\N
Ul:J'UTY t\TfOl('Jl-Y ( ;F\;l.'.R1\ I,
This letter is the Attorney General's order on your petition for disclosure under the
Oregon Public Records Law, ORS 192.410 to 192.505. The petition, which we received on
March 18, 1998, asks the Attorney General to direct the Oregon Department of Corrections
(DOC), the Oregon Department of Revenue (Revenue), and the Oregon Department of
Human Resources (DHR) to provide you certain records relating to a hiring process
conducted to fill a vacant position as a Purchaser 2 at each of the three agencies.
Specifically, your petition seeks "copies of the successful persons answers to the assessment
section of the announcement" and their stated work experience. For the reasons stated
below, we respectfully deny your petition.
The Public Records Law confers a right to inspect any public records of a public
body in Oregon, subject to certain exemptions and limitations. See ORS 192.420. Any
person who makes a request to a state agency to inspect a public record, and whose request
is denied, may petition the Attorney General to review the record to determine if it may be
withheld from public inspection. ORS 192.450(1).
1. Department of Corrections
You state in your petition that Susan Smith of the Department of Corrections denied
your request for records. We have discussed your petition with both Ms. Smith, Executive
Darrel W. Martin
March 25, 1998
Page 2
Support Specialist with DOC Fiscal Services, and Rhonda Crawford, Recruitment Officer for
DOC. Both Ms. Smith and Ms. Crawford inform us that they are not aware of DOC's
having received any request from you for records. 11 Because you did not make a request to
DOC to inspect any of the items described above, there has been no denial by DOC of
disclosure of those records. Absent a request to, and denial by, a state agency for records,
the Attorney General does not have jurisdiction to order the agency to disclose records. See
ORS 192.450(1). Accordingly, we your petition as premature with respect to DOC records.
2. Department of Revenue Records
You do not indicate in your petition who at the Department of Revenue denied your
request for records. Terri Sullens, Recruitment Coordinator, Administrative Services
Division, Personnel Section, informs us that she is not aware of Revenue's having received
any request from you for records.21 Again, absent a request to, and denial by, a state
agency for records, the Attorney General does not have jurisdiction to order the agency to
disclose records. See ORS 192.450(1). Accordingly, we deny your petition as premature
with respect to Revenue records.
3. Department of Human Resources
By letter dated January 23, 1998, you asked the Department of Human Resources for
the following "information":
1. The name of the person [selected for the Purchaser 2 position].
2. Has the successful person had experience in purchasing at the level of
those that work for the Department of Administrative Services
Purchasing Division? If so, how many?
3. Would you please tell me the persons background in the field of
purchasing, including the private sector.
11 Ms. Crawford informs us that the records you are seeking may not be in DOC's possession.
The Department of Administrative Services, Human Resources Services Division (DAS), was
responsible for receiving and reviewing the assessment section submitted by applicants interested in
the vacant Purchaser 2 position at DOC. Therefore, DAS may possess some of the records you are
seeking.
21 Like DOC, Ms. Sullens informs us that the records you are seeking may be maintained by the
Department of Administrative Services, Human Resources Division.
Darrel W. Martin
March 25, 1998
Page 3
4. Please tell me what my weak points were in contrast to the person you
selected.
Wendy Woodard, Manager, Contract and Procurements Units at DHR, responded by
letter dated February 2, 1998. Ms. Woodard provided you information in response to
item #1 but did not release information in response to the other three items.
The Public Records Law applies to requests for "public records." Public records
include any "writing" containing information relating to the conduct of the public's business.
ORS 192.410(4). The Public Records Law does not impose upon public bodies the duty to
create public records. OREGON ATTORNEY GENERAL'S PUBLIC RECORDS AND MEETING
MANUAL at 5 (1997). Nor are public bodies required to create a record to disclose the
"reasoning" behind their actions, or other "knowledge" their staff might have. Id.
Items #2 and #4 of your letter to DHR do not seek information contained in existing
public records, but ask DHR to compare the successful candidate's purchasing experience
with persons currently employed by the Department of Administrative Services Division and
to identify your weak points in contrast to the successful candidate. Such requests are
beyond the scope of the Public Records Law; the Attorney General has no authority to order
an agency to provide such information. 31
As to item #3, information on the successful candidate's background in the field of
purchasing would be contained in the application (PD 100) submitted by that individual,
which is a record maintained by DHR. Ms. Woodard informs us that DHR has agreed to
provide you with a copy of the successful candidate's application.41 Because DHR has
agreed to provide this record to you, we deny your petition with respect to this item as moot.
Finally, in your petition to this office you seek copies of the successful candidate's
answers to the assessment section of the announcement. You did not make this request to
DHR Because you did not request and DHR has not denied your request for the successful
candidate's answers to the assessment section, the Attorney General has no jurisdiction to
31 Nevertheless, Ms. Woodard informs us that DHR is willing to discuss your specific weak points
with you. You may contact Ms. Woodard (telephone 945-6735) to make arrangements for that.
41 Prior to disclosing this record to you, DHR may redact exempt information, such as the
individual's home address and telephone number, ORS 192.502(3), or other personal information,
ORS 192.502(2).
Darrel W. Martin
March 25, 1998
Page 4
order the agency to disclose such records. Accordingly, we deny your petition as to such
records as premature.
Sincerely,
Deputy Attorney General
JAA02A64
cc: Rhonda Crawford, Department of Corrections
Terri Sullens, Department of Revenue
Wendy Woodard, Department of Human Resources
Linda Roberts, Department of Human Resources